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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I have a daughter that is 15 and in the 10th grade at a

Customer Question

I have a daughter that is 15 and in the 10th grade at a public school. The school is over crowded and has trailers. The trailers have ramps that are ADA accessible but the doors are to heavy to open and close. My daughter can not do them. She has cerebral palsy and is in a wheelchair. She has no aid helping her and is in regular classes with no assistance.
They are wanting to have a teacher open and close it for her during the class change.
I want her to access the building without help.
My request is for the school to move her inside the building to a accessible room.
Is it legal for them to make her go outside to a building she can not get into independently.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.
The class rooms held inside the school are ADA complainant? Is your daughter the only student with this type of handicap being made to go to the classes in the trailers?

Have you discussed her having classes inside the building? Would she be the only student in a class room for a particular class if she is not in the trailers?

Customer: replied 1 year ago.
There is 3000 kids in her high school. She is the ONLY child in a wheelchair in the entire school. She is in advanced classes with all typical children.
Expert:  Sam replied 1 year ago.

Thank you. So of those advanced students, if your daughter was to be taught inside the school, would any of the other students in her advanced classes also be with her or would she be isolated from her peers in that regard?

The reason is if the school is acting in the best interest of the student and is helping her by opening doors so she is not being taught in solitary, then I suggest while you can certainly have a claim for the ADA matter, a court is going to evaluate the over all situation. For instance, if the student will be isolated from her peers and if the school is making reasonable accommodations to assist her.

Customer: replied 1 year ago.
My concern is that she can not access the building through the doors by herself. She will ALWAYS need help from a peer or an adult every day. Is that legal? They are telling me it is ADA accessible and legal. However my concern is that she can't get in the building by herself.
I have asked them to move the class inside. But they are saying no.
Expert:  Sam replied 1 year ago.

Yes, it is legal as long as the school is acting in her best interests and also making reasonable accommodations.

If you received an invite to participate in a phone call, that is automatically generated by this site. I do not participate in phone calls offered by this site, but we can continue here

Expert:  Sam replied 1 year ago.

I understand your concern. I suggest that if your daughter was to be inside in one of the more accessible classrooms, that would not only put an undue hardship on the school because of having to hire an additional teacher for her advanced classes, because all the other students are in another location, but additionally the school is acting in your daughter's best interest because she would not be attending class with fellow students.

Expert:  Sam replied 1 year ago.

And that while you can file an ADA complaint and consult with a local attorney about an ADA lawsuit, the court may not find in your favor based on those reasons as I mentioned.

Customer: replied 1 year ago.
am I understanding you correctly it is legal? I have a meeting at 8am and they emailed me saying this is a reasonable accommodation. Have someone opening the door for her?
They said she could drop the class if we didn't want to do that. However it is a class she can not drop. It is part of her career path.
Expert:  Sam replied 1 year ago.

Hello

It is legal as long as they are doing the best they can and acting in your daughter's best interest. Again, the reasonableness comes in the fact that they would need to hire a teacher to teach your daughter in a separate classroom, you see? If the current teacher is teaching other students at the same time as your daughter, then there would need to be additional teachers.

Expert:  Sam replied 1 year ago.

Perhaps, you can work something out where the current teacher would not mind teaching your daughter after school alone one on one. I suggest you could ask the school to consider that and ask your daughter if she is comfortable with being singled out and isolated from her class mates for that class. Because the school is under no obligation to move the entire class inside.

Customer: replied 1 year ago.
No she would not like to be singled out away from her classmates. :(
Customer: replied 1 year ago.
the school is not offering to provide another teacher.
Expert:  Sam replied 1 year ago.

Right. And they are not going to move all the students inside. You see? So they appear to making the most reasonable accommodations in the best interest of your daughter.

Customer: replied 1 year ago.
They are saying she can pick another class or go out to the trailers
Expert:  Sam replied 1 year ago.

And they probably do not hae the money in the budget to hire another teacher. Well, then she has an option.

Expert:  Sam replied 1 year ago.

I think you can talk to them tomorrow and see what other classes are available inside that keep her in her track for career path.

Customer: replied 1 year ago.
Okay. Thank you for the information. That is the class she needs. So we have no other option.
Expert:  Sam replied 1 year ago.

You can also see if they will allow the credit for a different class inside to substitute for the one she it taking now still keeping her on her career path.

Expert:  Sam replied 1 year ago.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

Thank you

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